[open-science] [Open-access] Open Science Anthology published

Tue Jan 28 16:11:47 UTC 2014

On Jan 28, 2014, at 7:59 AM, Klaus Graf <klausgraf at googlemail.com> wrote:

>> 1.      The resemblance between CC-BY and the BOAI definition is superficial in nature. It is particularly important for open access advocates to be aware that CC licenses, including CC-BY, do not mean that works must be made available free of charge. CC-BY policy has a huge, potentially systemic loophole: the possibility of re-enclosure. What is given freely today with a CC-BY license could easily be available solely through sale from Elsevier or services like RightsLink down the road.
> 
> No evidence for this. Nearly all CC-BY works are available free of cost. CC could clarify that re-enclosure in the digital context isn't allowed.

Indeed. The license very clearly states that you, the licensee, "may not apply legal terms or technological measures that legally restrict others from doing anything the license permits." (http://creativecommons.org/licenses/by/4.0/deed.en_US)

Unless all copies of the work vanish from the face of the earth except for the ones remaining in the vault of an evil publisher who then decides to charge for access to the vault, what Heather states above is not possible. And, even in the unlikely scenario I describe, once someone pays for access to the vault and then downloads the work, that work is once again free like the original.

Heather, I know that you believe in open scholarship and want to protect it from possible harm from commercially motivated evil interests, but what you are saying above is simply incorrect.

Puneet.
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